Request to a Government agency for an official interpretation of the Law
Attention! The Law and Law Law Company draws your attention to the fact that this document is basic and does not always meet the requirements of a specific situation. Our lawyers are ready to assist you in drafting any legal document that suits your situation. For more information, please contact lawyer Kenesbek Islam by phone.; +7 (708) 971-78-58; +7 (727) 971-78-58.
To the Minister of Finance of the Republic of Kazakhstan Smailov Alikhan Askhanovich
from: Limited Liability Companies "............" BIN .............. +7 724 ………
Proxy Representative: Limited Liability Company
"Law and Law Law Company" BIN 190240029071 Almaty, 79/71 Abylai Khan ave., office 304
info@zakonpravo.kz / www.zakonpravo.kz + 7 727 978 5755; +7 700 978 5755
Ext.no.: 2701/20 dated 01/27/2020
Dear Alikhan Askhanovich, We ask you to provide an official interpretation of Article 11 of the Law of the Republic of Kazakhstan dated December 4, 2015 No. 434-V "On Public Procurement" (hereinafter – the Law). According to clause 1 of Article 11 of the Law, potential suppliers or suppliers who have provided false information on qualification requirements and (or) documents affecting the competitive price offer are included in the register of unscrupulous participants in public procurement in accordance with the procedure established by this Law. Thus, we are interested in the following questions:: 1. What does the phrase "according to qualification requirements and (or) documents affecting the competitive price offer" mean?
Request to a Government agency for an official interpretation of the Law
2. Is it sufficient to establish the fact of forgery of documents by a potential supplier (changing the number of secondary school student places from 300 places to 600 places in the certificate of acceptance of the facility in order to receive a conditional discount) for inclusion in the register of unscrupulous participants in public procurement? 3. If a potential supplier has forged documents for previously completed facilities, but the tender commission did not count these facilities when calculating conditional discounts, is the potential supplier subject to inclusion in the register of unscrupulous suppliers? According to paragraphs 1 and 3 of paragraph 1 of Article 9 of the Law of the Republic of Kazakhstan dated January 12, 2007 No. 221-III "On the Procedure for Considering Appeals from Individuals and Legal Entities" (hereinafter referred to as the Law), subjects and officials, within their competence, ensure objective, comprehensive and timely consideration of appeals from individuals and legal entities and inform applicants about the results of the consideration of their appeals and the measures taken. In accordance with paragraph 1 of Article 10 of the Law, responses to appeals must be well-founded and motivated in the state language or the language of the appeal with reference to the legislation of the Republic of Kazakhstan.
Request to a Government agency for an official interpretation of the Law
By virtue of Article 17 of the Law, violation of the legislation of the Republic of Kazakhstan on the procedure for considering appeals from individuals and legal entities entails liability in accordance with the laws of the Republic of Kazakhstan.
Sincerely, General Director of Law Company Law and Law LLP Sarzhanov G.T. 01/27/2020
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
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